18856 Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Rules and Regulations 

TABLE 1—Continued 

Column A variety 

Column B 

maturity 

guide 

Zee Diamond .............................. J 

Zee Lady ..................................... L 

* * * * * 

(2) Any package or container of April 

Snow, Earlitreat, Snow Angel, Sugar 

Snow, or Supeachsix (91002) variety 

peaches unless: 

* * * * * 

(3) Any package or container of Island 

Prince, May Snow, Snow Kist, Snow 

Peak or Super Rich variety peaches 

unless: 

* * * * * 

(4) Any package or container of May 

Saturn (Early Saturn) variety peaches 

unless: 

* * * * * 

(5) Any package or container of 

Babcock, Bev’s Red, Bright Princess, 

Brittney Lane, Burpeachone (Spring 

Flame 21), Burpeachfourteen (Spring 

Flame 20), Burpeachnineteen (Spring 

Flame 22), Candy Red, Crimson Lady, 

Crown Princess, David Sun, Early May 

Crest, Flavorcrest, Honey Sweet, Ivory 

Queen, June Lady, Magenta Queen, May 

Crest, May Sweet, Prima Peach IV, 

Queencrest, Raspberry, Rich May, 

Scarlet Queen, Sierra Snow, Snow Brite, 

Springcrest, Spring Lady, Spring Snow, 

Springtreat (60EF32), Sugar Jewel, Sugar 

Time (214LC68), Sunlit Snow 

(172LE81), Supecheight (012–094), 

Sweet Scarlet, Sweet Crest or Zee 

Diamond variety peaches unless: 

* * * * * 

(6) Any package or container of 

August Lady, Autumn Flame, Autumn 

Red, Autumn Rich, Autumn Rose, 

Autumn Snow, Burpeachfifteen 

(Summer Flame 34), Burpeachfive 

(July Flame), Burpeachfour (August 

Flame), Burpeachseven (Summer 

Flame 29), Burpeachsix (June Flame), 

Burpeachsixteen, Burpeachthree 

(September Flame), Burpeachtwenty 

(Summer Flame), Burpeachtwo (Henry 

II), Coral Princess, Country Sweet, 

Diamond Princess, Earlirich, Early 

Elegant Lady, Elegant Lady, Fancy Lady, 

Fay Elberta, Full Moon, Galaxy, Glacier 

White, Henry III, Henry IV, Ice Princess, 

Ivory Princess, Jasper Treasure, Jillie 

White, Joanna Sweet, John Henry, 

Kaweah, Klondike, Last Tango, Late Ito 

Red, Magenta Gold, O’Henry, Pink 

Giant, Pink Moon, Prima Gattie 8, Prima 

Peach 13, Prima Peach XV, Prima Peach 

20, Prima Peach 23, Prima Peach XXVII, 

Princess Gayle, Rich Lady, Royal Lady, 

Ruby Queen, Ryan Sun, Saturn (Donut), 

Scarlet Snow, September Snow, 

September Sun, Sierra Gem, Sierra Rich, 

Snow Beauty, Snow Blaze, Snow Fall, 

Snow Gem, Snow Giant, Snow Jewel, 

Snow King, Snow Magic, Snow 

Princess, Sprague Last Chance, Spring 

Candy, Sugar Crisp, Sugar Giant, Sugar 

Lady, Summer Dragon, Summer Lady, 

Summer Sweet, Summer Zee, Sweet 

Blaze, Sweet Dream, Sweet Kay, Sweet 

September, Tra Zee, Valley Sweet, Vista, 

White Lady, or Zee Lady variety 

peaches unless: 

(i) Such peaches when packed in 

molded forms (tray packs) in a No. 22D 

standard lug box or a No. 32 standard 

box are of a size that will pack, in 

accordance with the requirements of 

standard pack, not more than 80 

peaches in the box; or 

* * * * * 

(iii) Such peaches in any container 

when packed other than as specified in 

paragraphs (a)(6)(i) and (ii) of this 

section are of a size that a 16-pound 

sample, representative of the peaches in 

the package or container, contains not 

more than 73 peaches, except for Peento 

type peaches. 

* * * * * 

Dated: April 11, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 07–1867 Filed 4–11–07; 3:42 pm] 

BILLING CODE 3410–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Part 214 

[CIS No. 2295–03; USCIS–2004–0001] 

RIN 1615–AB17 

Petitioning Requirements for the O and 

P Nonimmigrant Classifications 

AGENCY: U.S. Citizenship and 

Immigration Services, DHS. 

ACTION: Final rule. 

SUMMARY: This final rule amends 

Department of Homeland Security 

regulations to permit petitioners to file 

O and P nonimmigrant petitions up to 

one year prior to the petitioner’s need 

for the alien’s services. This amendment 

will enable petitioners who are aware of 

their need for the services of an O or P 

nonimmigrant well in advance of a 

scheduled event, competition, or 

performance to file their petitions under 

normal processing procedures. This 

way, petitioners will be better assured 

that they will receive a decision on their 

petitions in a timeframe that will allow 

them to secure the services of the O or 

P nonimmigrant when such services are 

needed. 

DATES: This rule is effective May 16, 

2007. 

FOR FURTHER INFORMATION CONTACT: 

Hiroko Witherow, Adjudications 

Officer, Business and Trade Services 

Branch/Program and Regulation 

Development, U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security, 111 Massachusetts 

Avenue, NW., 3rd Floor, Washington, 

DC 20529, telephone (202) 272–9135. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Under the O nonimmigrant 

classification, a U.S. employer, U.S. 

agent, or a foreign employer through a 

U.S. agent, may petition for an alien 

who has extraordinary ability in the 

arts, the sciences, education, business or 

athletics that has been demonstrated by 

sustained national or international 

acclaim to come to the United States 

temporarily to continue work in the area 

of extraordinary ability. Immigration 

and Nationality Act (INA) sec. 

101(a)(15)(O)(i), 8 U.S.C. 

1101(a)(15)(O)(i); 8 CFR 214.2(o)(1) & 

(2). In addition, such employer or agent 

also may use the O nonimmigrant 

classification to petition for an alien 

who has a demonstrated record of 

extraordinary achievement in motion 

picture or television productions to 

come to the United States temporarily to 

continue work in the area of 

extraordinary achievement. Id. Under 

the P nonimmigrant classification, a 

U.S. employer, U.S. sponsoring 

organization, U.S. agent, or a foreign 

employer through a U.S. agent, may 

petition for an alien who is coming 

temporarily to the United States to 

perform at a specific athletic 

competition as an athlete at an 

internationally recognized level or 

performance, or to perform with an 

entertainment group that has been 

recognized internationally as being 

outstanding. INA sec. 101(a)(15)(P), 8 

U.S.C. 1101(a)(15)(P); 8 CFR 214.2(p)(1) 

& (2). Such employer, agent, or sponsor 

also can use the P nonimmigrant 

classification to petition for an alien to 

come temporarily to the United States to 

perform as an artist or entertainer under 

a reciprocal exchange program between 

organizations in the United States and 

organizations in a foreign country. Id. 

Finally, such employer, agent, or 

sponsor can use the P nonimmigrant 

classification to petition for an alien 

artist or entertainer to come temporarily 

to the United States to perform, teach, 

or coach under a commercial or 

noncommercial program that is 


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culturally unique. Id. Both the O and P 

nonimmigrant classifications also apply 

to essential support personnel coming to 

the United States to assist an O or P 

nonimmigrant in his or her artistic or 

athletic performance. See INA sec. 

101(a)(15)(O)(ii), 8 U.S.C. 

1101(a)(15)(O)(ii); 8 CFR 214.2(p)(4)(iv), 

(5)(iii) & (6)(iii). 

Petitions for the O and P 

nonimmigrant classifications are filed 

on Form I–129, ‘‘Petition for 

Nonimmigrant Worker.’’ 8 CFR 

214.2(o)(2)(i); 8 CFR 214.2(p)(2)(i). The 

current regulations governing both O 

and P nonimmigrants preclude the 

petitioner from filing a Form I–129 more 

than six months before the actual need 

for the alien’s services. 8 CFR 

214.2(o)(2)(i); 8 CFR 214.2(p)(2)(i). The 

timing of filings by petitioners, 

combined with current U.S. Citizenship 

and Immigration Service (USCIS) 

processing times, often result in USCIS 

completing the adjudication of an O or 

P nonimmigrant petition at the same 

time or later than the date of the 

petitioner’s need for the alien. This 

creates a hardship for petitioners who 

are seeking to employ the alien based on 

a scheduled performance, competition, 

or event, and who already may have 

booked a venue and sold advance 

tickets. If the petition is not approved by 

the time of the petitioner’s need for the 

alien’s services, the petitioner may be 

required to cancel a scheduled event or 

performance, may lose funds advanced 

for booking a venue, and may be liable 

for the costs associated with ticket 

refunds as well as other costs. If 

petitioners were able to file Forms I–129 

for O or P nonimmigrant status more 

than six months in advance of the need 

for the alien’s services, USCIS could 

ensure that adjudication is completed in 

advance of the date of the scheduled 

event, competition, or performance. 

Moreover, a large percentage of O and 

P petitioners seeking alien performers or 

athletes often schedule and must plan 

for competitions, events, or 

performances more than one year in 

advance. 

For these reasons, USCIS issued a rule 

proposing to amend 8 CFR 214.2(o)(2)(i) 

and 8 CFR 214.2(p)(2)(i) governing the 

O and P nonimmigrant petition filing 

process. 70 FR 21983–01 (Apr. 28, 

2005). The proposed rule extended the 

time period that petitioners may file 

Form I–129 to not more than one year 

before the date of the petitioner’s need 

for the alien’s services. 70 FR at 21985. 

The proposed rule also would have 

required petitioners to submit Forms I–

129 no later than six months before the 

alien’s services were required. The 

proposed rule also provided that USCIS 

would grant exceptions in emergency 

situations to allow a petitioner to submit 

a petition later than six months at the 

discretion of the USCIS Service Center 

Director, and in special filing situations 

as determined by USCIS Headquarters. 

Id. 

USCIS specifically invited comments 

on whether it should extend the oneyear maximum/six-month minimum 

filing timeframes to all nonimmigrants 

for whom Forms I–129 are filed. 70 FR 

at 21984. USCIS also requested 

comments on whether the extension of 

the filing time to one year would 

increase the potential for fraud or abuse 

of the O and P classifications and other 

nonimmigrant categories covered by 

Form I–129. USCIS solicited suggestions 

for addressing such fraud or abuse 

should it occur. 

The comment period for the proposed 

rule ended June 27, 2005. USCIS 

received a total of 112 comments. Based 

upon these comments, this final rule 

adopts the proposed rule amending 8 

CFR 214.2(o)(2)(i) and 214.2(p)(2)(i), but 

without the six-month filing minimum 

and possibility for granting exceptions. 

The following is a discussion of the 

comments received for the proposed 

rule. 

II. Discussion of Comments 

Of the 112 comments received, 110 

comments supported the proposal to 

extend the allowable petition filing time 

from the current six months to one year 

in advance of the petitioning employer’s 

need for the services of the O or P 

nonimmigrant. However, these 

commenters also expressed their strong 

objection to the proposed requirement 

that petitions for O and P nonimmigrant 

status must be filed with USCIS no later 

than six months in advance of the 

employment need. Of the remaining two 

comments, one comment simply 

suggested a semantics change to the 

regulatory text. The other comment did 

not specifically address the provisions 

of the proposed rule and therefore will 

not be addressed. 

A total of fifty-three comments were 

submitted by performing arts 

organizations, such as theatre 

companies, symphony and orchestra 

companies, opera companies, dance 

companies, ballet companies, circuses, 

and dance centers. These comments 

stated that the filing period should 

simply be extended to one year in 

advance of the employment need, and 

not impose a six-month minimum filing 

period. The comments noted that the 

proposed requirement that the petition 

be filed at least six months before the 

petitioning employer’s need for the 

services of the O or P nonimmigrant 

would cause significant scheduling 

problems. Performing arts organizations 

emphasized that USCIS must reduce the 

regular processing times, provide 

updated and accurate forms and 

instructions, and implement uniform 

policies and training at its service 

centers. 

USCIS received seventeen comments 

from firms and agencies that are 

involved in the representation, 

publicity, and management of various 

organizations involved in the 

performing arts. These firms and 

agencies noted that there are numerous 

situations where the event is planned 

less than six months prior to the 

performance. They emphasized that the 

requirement that petitioners file 

petitions for O and P nonimmigrant 

status at least six months in advance of 

the employment need has no real value. 

In addition, these firms and agencies 

responded negatively to the proposed 

discretionary authority of USCIS to 

grant exceptions to the timeframes in 

emergency and special filing situations. 

They stated that through such a 

provision, USCIS would become the 

sole arbiter of the urgency of an 

employer’s employment needs. USCIS 

would decide whether to grant an 

exception on a case-by-case basis, 

leading to an inconsistent application of 

the use of discretion. 

Educational institutions submitted a 

total of fourteen comments. These 

comments stated simply that USCIS 

should extend the filing period to one 

year in advance of the employment 

need, and that USCIS should not limit 

the filing period to six-month filing 

period between six months and one year 

in advance of the employment need. 

These educational institutions advised 

that generally academic appointments 

are not finalized more than six months 

prior to the employment start date, as 

offers are typically made in late spring 

for academic appointments that begin 

on July 1. 

USCIS received nine comments from 

national and regional associations 

affiliated with various performing arts 

organizations, including the Motion 

Picture Association of America. 

Commenters supported extending the 

allowable petition-filing period to any 

time up to one year in advance of the 

employment need. However, they also 

stated that the proposed requirement to 

file such petitions at least six months in 

advance would cause severe hardship to 

the performing arts industry because 

employment agreements are rarely in 

place more than six months before 

production begins. 

Eight comments submitted by 

immigration attorneys also objected to 


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1An H–1B nonimmigrant is an alien who is 

coming to the United States to perform services in 

a specialty occupation; perform services of an 

exceptional nature requiring exceptional merit and 

ability relating to a cooperative research and 

development project or a coproduction project 

provided for under a Government-to-Government 

agreement administered by the Secretary of 

Defense; or perform services as a fashion model of 

distinguished merit and ability. 8 CFR 

214.2(h)(1)(ii)(B). 

the proposed six-month advance filing 

requirement for petitions. The 

commenters stated that most employers 

of O and P nonimmigrants do not have 

six months lead time when filing 

petitions. Therefore, according to them, 

implementation of this rule as proposed 

would have a damaging effect on the 

U.S. economy by hobbling the arts, 

sports, film, and advertising industries. 

USCIS received one comment from an 

organization that specializes in the 

movement of international personnel 

across national borders. This comment 

echoed the concerns of others by stating 

that the requirement to file the petition 

at least six months in advance of the 

employment need does not reflect the 

practical realities facing the vast 

majority of petitioners in the fields of 

science, business, athletics, and 

entertainment. The comment also 

opposed allowing USCIS to grant 

exceptions to the six-month advance 

filing requirement by stating that such 

authority would be impractical and 

insufficient to meet legitimate demands. 

Like the overwhelming majority of 

comments, however, this comment 

supported the proposal to extend the 

allowable filing period to a maximum of 

one year in advance of the employment 

need for O and P petitions. The 

commenter agreed with USCIS that it 

should not extend the filing timeline for 

petitions in the remaining 

nonimmigrant visa classifications, 

because the nature of O and P 

employment is different from other 

nonimmigrant visa classifications. This 

commenter stated that extending the 

filing timeline for other nonimmigrant 

categories using Form I–129 could lead 

to fraud and abuse, as well as an 

increase in case filings where the need 

for the alien’s services has not fully 

materialized, particularly in the case of 

H–1B nonimmigrants who are subject to 

an annual numerical cap on the number 

of aliens who may be granted H–1B 

nonimmigrant status.1 INA sec. 

214(g)(1)(A), 8 U.S.C. 1184(g)(1)(A). 

The sports industry submitted three 

comments. USCIS received one 

comment each from Major League 

Baseball, the Portland Trail Blazers, and 

Nike, Inc. Both Nike, Inc. and the 

Portland Trail Blazers expressed 

support for the proposed extension of 

the allowable filing period for O and P 

petitions to a maximum of one year 

from the current six months. The 

comment from Major League Baseball 

did not support or oppose the proposed 

extension to a one-year filing period. All 

three comments from the sports 

industry opposed proposed requirement 

to file O and P petitions at least six 

months prior to the date of employment. 

The comment from Major League 

Baseball urged that the six-month 

advance filing requirement be 

eliminated in its entirety. It also pointed 

out that the needs of Major League 

Baseball Clubs would always call for 

exceptions under the provisions of the 

proposed rule. Major League Baseball 

Clubs need O and P nonimmigrant 

players and staff in the United States no 

later than when spring training begins 

in February each year. However, 

personnel decisions by Major League 

Clubs for an upcoming season begin at 

the conclusion of the prior season’s 

World Series in October. These 

personnel decisions continue 

throughout the winter up until, and 

even during, spring training. 

Furthermore, players who are traded 

during the course of a season from one 

club to another would not be able to 

have an O or P petition timely filed on 

their behalf under the provisions of the 

proposed rule. 

A comment from the Portland Trail 

Blazers franchise of the National 

Basketball Association (NBA) stated that 

the team frequently utilizes O and P 

nonimmigrant visas to facilitate the 

employment of foreign world-class 

basketball players. This comment 

emphasized that the proposed 

requirement that O and P petitions be 

filed at least six months in advance of 

the employment need is completely 

unworkable in the NBA. When an NBA 

basketball player is drafted by an NBA 

team, the team and the player’s agent 

will negotiate a contract. Due to the 

detailed nature of these contracts and 

the high salaries involved, negotiations 

can be exceptionally complex and timeconsuming. The comment stated that 

experience has shown that the Portland 

Trail Blazers has never had as much as 

six months lead time to file an O or P 

petition once contract negotiations are 

completed. The comment noted that a 

signed contract is a filing requirement 

for either the O or P classifications, and 

typically the agents and owners of NBA 

teams agree to the terms and sign the 

contracts only a few weeks prior to the 

start of training camp or the NBA 

season. 

The comment further stated that the 

underlying statute created the O and P 

nonimmigrant classifications to assist 

employers seeking to temporarily hire 

extraordinary foreign workers. The 

provisions of the proposed rule, on the 

other hand, would restrict the 

availability of O and P nonimmigrant 

visas, contrary to the spirit of the law. 

The comment asserted that the 

provisions of the proposed rule would 

create a ‘‘de facto’’ six-month waiting 

period for employers who wish to 

employ extraordinary workers, such as 

internationally recognized basketball 

players. The comment stated that it is 

inappropriate for USCIS to create such 

a holding period that is not authorized 

by the statute. 

Nike, Inc., a sports equipment and 

apparel company, commented that the 

proposed requirement to file O and P 

petitions at least six months in advance 

of the employer’s need for the services 

of the alien is unwarranted, unworkable, 

and contrary to the best interests of the 

United States. This comment mirrors 

many of the other comments by stating 

that USCIS should not limit the access 

of United States employers to high-level 

O and P nonimmigrants because many 

companies cannot identify, in the 

reasonable course of business, the need 

for an O or P nonimmigrant worker with 

six months’ anticipation. 

USCIS received two comments from 

research organizations, one from Roche 

Palo Alto LLC, which is a major 

international pharmaceutical company, 

and the other from the California 

Institute of Technology. The 

commenters stated their opposition to 

the proposed requirement that 

employers file O and P petitions at least 

six months in advance of their need for 

the alien’s services. Roche Palo Alto 

LLC further stated that the proposed 

requirement to file petitions for O and 

P nonimmigrants six months in advance 

of the petitioner’s need could 

detrimentally impact the company’s 

U.S. research programs and force the 

company to consider transferring some 

of its research programs and employees 

to locations outside the United States to 

ensure their success. The California 

Institute of Technology expressed 

approval of the proposed extension of 

the allowable filing period for O and P 

petitions to a maximum of one year. 

Roche Palo Alto LLC neither supported 

nor rejected this proposal. 

Eight members of Congress submitted 

one comment. They noted that Congress 

had previously recommended to USCIS 

that petitioners for O and P 

nonimmigrants should be permitted to 

file up to one year in advance of their 

employment need for a foreign worker. 

They also voiced their appreciation for 

USCIS’ attempt to act upon this 

recommendation. However, these 


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members of Congress strongly urged 

USCIS to revise the rule to allow filing 

at any time up to one year in advance 

rather than requiring such petitions to 

be filed at least six months in advance. 

They reminded USCIS that the core 

problem that must be addressed is the 

delay in processing petitions. They also 

encouraged USCIS to continue its efforts 

to improve overall processing times and 

not let the one-year filing window 

become a justification to further delay 

turnaround time. 

Finally, there were two comments 

submitted by private individuals, each 

of whom expressed support for 

extending the allowable petition-filing 

period to any time up to one year in 

advance of the employment need. 

However, these commenters also stated 

that the proposed requirement to file 

such petitions at least six months in 

advance would cause severe hardship to 

the performing arts industry because 

employment agreements are rarely in 

place more than six months before 

production begins. 

III. USCIS Response to Comments 

As nearly all comments supported the 

proposed rule’s extension of the O and 

P nonimmigrant petition filing period, 

USCIS is adopting the proposed 

extension. Therefore, this final rule 

amends 8 CFR 214.2(o)(2)(i) and 

214.2(p)(2)(i) to provide that petitioners 

of O and P nonimmigrants may file 

petitions at any time up to a maximum 

of one year in advance of their need for 

the alien’s services. 

USCIS is not adopting the proposed 

requirement that petitions must be filed 

no sooner than six months prior to the 

actual need for the alien’s services. 

USCIS also is not adopting the 

concomitant provision which permits 

exceptions in emergent situations at the 

discretion of the USCIS Service Center 

District Director, or in special filing 

situations at the discretion of USCIS 

Headquarters. 

As discussed above, USCIS received 

an overwhelming number of comments 

opposing the six-month filing minimum 

requirement. Many commenters noted 

that employers do not necessarily make 

offers of employment more than six 

months prior to the employment start 

date. They also may not be aware of the 

need for the services of an O or P 

nonimmigrant more than six months in 

advance of the event, competition, or 

performance. While the proposed rule 

provided for authority to grant 

exceptions to the six-month filing 

minimum requirement, some 

commenters expressed concern that 

such discretionary authority would not 

be applied consistently. 

In determining not to include the sixmonth advance filing limitation in the 

final rule, USCIS considered the fact 

that USCIS has reduced the number of 

backlogged petitions and applications, 

including the O and P nonimmigrant 

petitions, thereby reducing overall 

processing times. See https:// 

egov.immigration.gov/cris/jsps/ 

ptimes.jsp. Therefore, there is no longer 

a need for a six-month minimum period 

to ensure the timely processing of O and 

P nonimmigrant petitions. USCIS still 

encourages petitioners to file O and P 

nonimmigrant petitions more than six 

months prior to employment start date 

when possible. Petitioners should 

routinely check the USCIS Web site, 

http://www.uscis.gov, to determine the 

current processing time for the petition 

they intend to file. 

If the need for the services of an O or 

P nonimmigrant is scheduled to occur 

prior to current processing times, 

petitioners should consider filing their 

petition with a request for Premium 

Processing Service to guarantee that 

their petition will be acted upon within 

fifteen days of receipt. 

The final rule does not apply the oneyear filing timeframe of this final rule to 

other nonimmigrant classifications 

associated with Form I–129. USCIS is in 

agreement with the only commenter 

who commented on this point, which 

was raised in the Supplementary 

Information to the proposed rule. See 70 

FR at 21984. The nature of O and P 

employment is different from other 

nonimmigrant visa classifications. 

Extending the filing period for other 

nonimmigrant classifications using 

Form I–129 may result in the increased 

potential for fraud and abuse as well as 

an increase in case filings where the 

need for the alien’s services has not 

fully materialized. 

IV. Regulatory Requirements 

A. Regulatory Flexibility Act 

DHS has reviewed this regulation in 

accordance with 5 U.S.C. 605(b), and, by 

approving it, certifies that this rule will 

not have a significant economic impact 

on a substantial number of small 

entities. This rule will help ensure that 

certain O and P nonimmigrant petitions 

are adjudicated well in advance of the 

date of the employers’ stated need and 

thus prevent employers from having to 

cancel an event, competition or 

performance either because USCIS 

denied the petition at the last minute, or 

because the petition was not 

adjudicated in advance of the need. 

Employers will be less likely to lose 

booking costs or have to issue refunds 

if they receive a decision on the petition 

well in advance of the event, 

competition, or performance. USCIS did 

not receive any comments stating that 

this regulation would have a negative 

impact on small entities. In addition, 

the rule will help ensure that certain O 

and P nonimmigrant petitions are 

adjudicated well in advance of the date 

of the employers’ stated need and thus 

prevent employers from having to 

cancel an event, competition or 

performance either because USCIS 

denied the petition at the last minute, or 

because the petition was not 

adjudicated in advance of the need. 

B. Unfunded Mandates Reform Act of 

1995 

This rule will not result in the 

expenditure by state, local and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

C. Small Business Regulatory 

Enforcement Fairness Act of 1996 

This rule is not a major rule as 

defined by section 804 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996. This rule will not 

result in an annual effect on the 

economy of $100 million or more; a 

major increase in costs or prices; or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

D. Executive Order 12866 

This final rule is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866, section 3(f). Accordingly, 

this regulation has not been submitted 

to the Office of Management and Budget 

for review. 

USCIS has assessed both the costs and 

benefits of this rule and has determined 

that there are no new costs to either the 

government or the public associated 

with this rule. The rule does not alter 

any of the substantive petitioning 

requirements related to the Form I–129 

or the evidentiary standards for 

establishing eligibility for the O or P 

nonimmigrant classification. The rule 

will help ensure that certain O and P 

nonimmigrant petitions are adjudicated 

well in advance of the date of the 

employers’ stated need and thus prevent 

employers from having to cancel an 

event, competition or performance 


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either because the petition was denied 

at the last minute, or because the 

petition was not adjudicated in advance 

of the need. Employers can be confident 

that they are unlikely to incur 

unnecessary booking costs or be 

required to issue refunds due to the 

cancellation of an event caused by a 

failure to receive a decision on the 

petition. Finally, this rule will help 

those employers who make offers of 

employment more than six months prior 

to the employment start date to have 

sufficient time to seek a new beneficiary 

or beneficiaries in the event a petition 

is denied. 

E. Executive Order 13132 

This rule will not have substantial 

direct effects on the states, on the 

relationship between the National 

Government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with section 6 of Executive 

Order 13132, it is determined that this 

rule does not have sufficient federalism 

implications to warrant the preparation 

of a federalism summary impact 

statement. 

F. Executive Order 12988 Civil Justice 

Reform 

This rule meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988. 

G. Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995, Public Law 104–13, all 

Departments are required to submit to 

the Office of Management and Budget 

(OMB), for review and approval, any 

reporting requirements inherent in a 

rule. This rule does not impose any new 

reporting or recordkeeping requirements 

under the Paperwork Reduction Act. 

List of Subjects in 8 CFR Part 214 

Administrative practice and 

procedures, Aliens, Employment, 

Foreign officials, Health professions, 

Reporting and recordkeeping 

requirements, Students. 

■ Accordingly, part 214 of chapter I of 

title 8 of the Code of Federal 

Regulations is amended as follows: 

PART 214—NONIMMIGRANT CLASSES 

■ 1. The authority citation for part 214 

continues to read as follows: 

Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 

1184, 1185 (pursuant to E.O. 13323, 69 FR 

241, 3 CFR, 2003 Comp., p. 278), 1186a, 

1187, 1221, 1281, 1282, 1301–1305, 1372, 

1379, 1731–32; section 643, Pub. L. 104–208, 

110 Stat. 3009–708; Section 141 of the 

Compacts of Free Association with the 

Federated States of Micronesia and the 

Republic of the Marshall Islands, and with 

the Government of Palau, 48 U.S.C. 1901, 

note, and 1931 note, respectively, 8 CFR part 

2. 

■ 2. Section 214.2 is amended by: 

■ a. Revising the second sentence in 

paragraph (o)(2)(i); and by 

■ b. Revising the tenth sentence in 

paragraph (p)(2)(i). 

The revisions read as follows: 

§ 214.2 Special requirements for 

admission, extension, and maintenance of 

status. 

* * * * * 

(o) * * * 

(2) * * * 

(i) General. * * * The petition may 

not be filed more than one year before 

the actual need for the alien’s services. 

* * * 

* * * * * 

(p) * * * 

(2) * * * 

(i) General. * * * The petition may 

not be filed more than one year before 

the actual need for the alien’s services. 

* * * 

* * * * * 

Dated: March 27, 2007. 

Michael Chertoff, 

Secretary. 

[FR Doc. E7–7134 Filed 4–13–07; 8:45 am] 

BILLING CODE 4410–10–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

10 CFR Part 490 

Alternative Fuel Transportation 

Program; Alternative Compliance 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of availability of 

Alternative Compliance Guidelines for 

preparing and submitting a waiver 

request and other documentation 

requirements. 

SUMMARY: This notice announces the 

availability of a Department of Energy 

(DOE) document that provides 

guidelines to fleets covered by 10 CFR 

Part 490 (covered fleets) for submission 

of an application for a waiver from the 

alternative fuel vehicle acquisition 

requirements. In order to obtain a 

waiver, the requesting covered fleet 

must show that in lieu of the alternative 

fuel vehicle acquisitions, it will reduce 

petroleum consumption in its vehicle 

fleet by an amount that would equal 100 

percent alternative fuel use in all of its 

existing covered light-duty vehicles. 

The guidelines provide instructions on 

making such a showing and illustrate 

the processing of a waiver request. 

ADDRESSES: U.S. Department of Energy, 

Office of Energy Efficiency and 

Renewable Energy, Office of 

FreedomCAR and Vehicle Technologies, 

EE–2G, 1000 Independence Avenue, 

SW., Washington, DC 20585–0121. 

The entire document with complete 

instructions for interested parties, 

Alternative Compliance: Guidelines for 

Preparing and Submitting a Waiver 

Request and Other Documentation 

Requirements, 10 CFR Part 490 Subpart 

I, may be found at the Web site address: 

http://www.eere.energy.gov/ 

vehiclesandfuels/epact/state/ 

state_resources.html, and is available 

from Ms. Linda Bluestein, U.S. 

Department of Energy, Office of 

FreedomCAR and Vehicle Technologies, 

EE–2G, Room 5F034, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121, and by 

telephone at (202) 586–6116. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Linda Bluestein on (202) 586–6116 or 

linda.bluestein@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: Section 

703 of the Energy Policy Act of 2005 

(Pub. L. No. 109–58) added section 514, 

Alternative Compliance, to title V of the 

Energy Policy Act of 1992. (42 U.S.C. 

13263a) DOE initiated a rulemaking to 

implement section 514 of the Energy 

Policy Act of 1992, as amended, (71 FR 

36034; June 23, 2006) and published a 

final rule on March 20, 2007. 72 FR 

12958. New Subpart I adds a new 

compliance option for covered fleets. 

The option allows a covered fleet to 

apply to DOE for a waiver from the 

original alternative fueled vehicle (AFV) 

acquisition program if it can 

demonstrate petroleum reduction equal 

to 100 percent alternative fuel use in 

covered light-duty vehicles 

cumulatively acquired by its fleet. 

If a covered fleet intends to apply for 

a waiver, it must file its intent to request 

a waiver to DOE no later than March 31 

of the calendar year before the model 

year for which the fleet is making its 

request. For model year 2008, however, 

the first year covered fleets are eligible 

for such waivers, the deadline for 

covered fleets to file an intent to make 

a waiver application is extended until 

May 31, 2007. The completed waiver 

application must be submitted to DOE 

by June 30 if the information is not 

dependent on new light-duty vehicle 

model year information. If the 

information is dependent on such 

information, the request must be 


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